Last modified: June 14, 2024

EVERLY DOES NOT PROVIDE ANY SERVICES FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH IN SECTIONS 10-12 BELOW.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES.

Everly Health, Inc., its affiliates, and PWN Remote Care Services, P.A., and affiliated professional entities (collectively “Everly,” “we” or “us”) offers at-home lab testing services (the “Services”) that enables you to receive preventative screening tests from the convenience of your home. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by and comply with these Terms, Consent, Notice of Privacy Practices, and any and all additional terms, consents, and policies provided by Everly from time to time. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICES.

Everly offers at-home lab testing services that enable you to receive preventative screening tests, such as Fecal Immunochemical Testing (FIT), urine testing to assess kidney function, and HbA1c testing, from the convenience of your home. In order to provide these services:

A. We may contact you, including calls and texts placed using an automatic dialer or pre-recorded/artificial voice, using the contact information provided by you or your health plan. We may contact you even if your number is on a do-not-call list or you previously opted out of call/texts from us.

B. To assess whether your test is appropriate for preventative screening purposes, you may receive certain provider review and availability services from PWN Remote Care Services, P.A. or affiliated professional entities (together with their administrative services provider, PWNHealth, LLC, collectively, “PWN”). The services will be delivered by clinicians who are not in the same physical location as you.

C. We will make your lab results available to you, and the PWN care team may contact you to assist you in understanding your results. We may also disclose your results to your health plan and/or a health care provider identified by your health plan. Aside from these services, no other treatment relationship is established between you, PWN, or the testing lab. If you receive an abnormal result and have not connected with PWN’s care team, you should NOT delay following up with your personal physician. You are responsible for forwarding any results to your primary care provider and for initiating follow up for care, diagnosis, medical treatment or to obtain an interpretation of the results. You should not make medical decisions without consulting a healthcare provider or disregard medical advice from your healthcare provider or delay seeking such advice based on information as a result of the use of the Services.

D. We may release any/all medical records about you for the purpose of payment for the services rendered to you. We may share your personal health information with entities involved in your diagnosis or treatment. We may also release any/all of your medical and/or financial records to any person, corporation, or government agency which is or may be liable under a statute, regulation, or contract to you, Everly or our affiliates for all or part of our charges. For additional information please review our Notice of Privacy Practices.

Our Services are offered and available to users who meet certain criteria established by their health plan and are 18 years of age or older and are residents of the United States. Your use of the Services is voluntary.

You agree that any data submitted or provided by you or on your behalf in connection with the Services is truthful, accurate, and appropriate. Any sample you provide for a Test must be your own.

You may withdraw consent to receiving any of the Services at any time prior to the completion of the Services by contacting the Everly Member Support Team at 1-855-923-2678 (TTY: 711) (Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time, excluding holidays) or on the web at membersupport.everlywell.com.

In order to utilize our Services, you must collect the appropriate biological sample(s) for the test(s). Some of our tests require a stool sample, and some of our tests require the collection of a blood sample. Although the risks and discomforts associated with finger-prick blood collection are low, you might be at risk for excessive bleeding, fainting, feeling light-headed, bruising, hematoma (blood accumulating under the skin), or infection (a slight risk any time the skin is broken). If you have a history of excessive bleeding or fainting while having blood work done, we advise avoiding our tests that require self blood collection.

OUR SERVICES DO NOT PROVIDE MEDICAL ADVICE. The information and content provided, including but not limited to text, graphics, images, videos, and other material contained in the Services, are for informational purposes only and are not intended as a substitute for professional medical advice, help, diagnosis, or treatment. Always seek the advice of your healthcare provider with any questions you have regarding your medical care, and never disregard professional medical advice or delay seeking it because of something you have read on or via our Site. Nothing contained in the Services is intended to constitute a medical diagnosis or treatment.

Everly implements several safeguards to avoid technical errors, but as with all medical tests, there is a chance of a false positive or a false negative result. A false positive result means a biomarker was detected, which is not in fact present. A false negative result means the test failed to identify a biomarker that is in fact present. Other sources of error include sample mix-up, poor sample quality or contamination, and technical errors in the laboratory. Some biological factors, such as a history of bone marrow transplants or recent blood transfusions may limit the accuracy of the results or prevent the Services from being completed.

Science and our knowledge of biomarkers’ meanings are constantly changing. New information may replace or add to the information that we used to interpret your results. We are not obligated to notify you if there is a new understanding of biomarkers that might result in a change to the interpretation of your results. We reserve the right to contact you, at our option, in the future.

Any health information that we hold on behalf of PWN or labs processing your test is governed by our Notice of Privacy Practices, which describes our practices regarding the information we may collect from you. By accessing and using the Services, you hereby consent to all actions we may take with respect to your information consistent with these Terms and our Notice of Privacy Practices. Further, you specifically authorize the transfer and release of your information, including your test results and other health information, submitted by you or about you in connection with the Services, to, between and among yourself and the following individuals, organizations, and their representatives: (a) PWN and its affiliates, staff, and agents; (b) your health plan; (c) the laboratory processing your sample and its affiliates, staff, and agents; and (d) as required or permitted by law.

You understand that we may send you messages, reports, emails, and letters regarding the Services and/or any personal or health information you have provided in connection with the Services. You further understand and agree that it is your responsibility to monitor and respond to these messages, reports, emails, and letters.

You agree that when you conduct business electronically with us, such processes have the same force and effect as your written signature. You agree that all agreements and consents can be signed electronically and that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

You agree to receive notifications, reminders, and other communications from us (and any of our affiliates or agents) by email, phone or other method of communication. These communications may include (but are not limited to):

• notification that an important message awaits you;
• updates about the Services and related service updates;
• general health communications.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EVERLY, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR RESPECTIVE LICENSORS, HEALTHCARE PROVIDERS, AND SERVICE PROVIDERS, HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. EVERLY AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS AND SERVICE PROVIDERS SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN BY YOU OR OTHERS THAT IS BASED ON THE CONTENT PRESENTED THROUGH THE SERVICES OR WEBSITE AND MAKE NO REPRESENTATIONS OR WARRANTIES THAT: (I) THE SERVICES AND/OR RELATED CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES, “TROJAN HORSES” OR OTHER MALICIOUS CODE OR DISABLING DEVICES; (II) THE CONTENT RELATED TO THE SERVICES IS ACCURATE, COMPLETE, RELIABLE OR CURRENT; AND (III) THERE WILL BE NO DELAY, FAILURE OR CORRUPTION OF DATA. IN NO EVENT SHALL EVERLY BE LIABLE FOR ANY DAMAGES OR HARM CAUSED FROM OR BY YOUR USE OF THE SERVICES, OR ANY RELATED CONTENT, INCLUDING IF SUCH USE VIOLATES THESE TERMS.

EVERLY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING ANY SERVICES PROVIDED BY THIRD PARTIES INCLUDING, WITHOUT LIMITATION, SERVICES PROVIDED BY YOUR HEALTH PLAN.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EVERLY OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (1) YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT OR ANY OTHER ITEMS OBTAINED IN CONNECTION WITH THE SERVICES, OR (2) ARISING OUT OF OR IN CONNECTION WITH ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SERVICES, INCLUDING, IN EITHER CASE, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION.

THESE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EVERLY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES. THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. UNDER NO CIRCUMSTANCES SHALL EVERLY BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS OR THE SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED TO EVERLY.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE § 1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.

You acknowledge and agree that breach of these Terms will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, Everly shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms, or otherwise.

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

SUMMARY:

MOST USER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE USER’S SATISFACTION BY CALLING OUR MEMBER SUPPORT TEAM AT 1-855-923-2678 (TTY: 711) (MONDAY THROUGH FRIDAY FROM 8:00 A.M. TO 8:00 P.M. EASTERN TIME, EXCLUDING HOLIDAYS) OR ON THE WEB AT MEMBERSUPPORT.EVERLYWELL.COM. IN THE UNLIKELY EVENT THAT THE MEMBER SUPPORT TEAM IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING THE SERVICES TO YOUR SATISFACTION (OR IF EVERLY HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. YOU, ON THE ONE HAND, AND EVERLY, ON THE OTHER HAND, ACKNOWLEDGE AND AGREE THAT EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY.

Unless it is settled or otherwise resolved by mutual agreement, any dispute, claim, question, or disagreement (“Dispute”) arising from or relating to these Terms or the Services, shall be resolved through confidential arbitration administered by the American Arbitration Association (“AAA”) under its rules for consumer arbitrations (“AAA Rules”), except any disputes or claims which under governing law are not subject to arbitration. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator, but you and Everly may agree to conduct the arbitration by telephone, online and/or solely based on written submissions. The fees charged by the AAA and arbitrator shall be shared equally by the Parties. If, however, you are able to prove that the costs of arbitration will be significantly more prohibitive for you as compared to the costs of litigation, we will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. All arbitration proceedings will be confidential and all records relating thereto will be permanently sealed to the fullest extent possible under applicable law. If you are unable to pay this fee, we will pay it directly upon receiving a written request at the address below. This agreement to arbitrate will be specifically enforceable in any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. Such a notice should be mailed to:

Everly Health, Inc.
823 Congress Ave
Austin, TX 78701
ATTN: Dispute Notice

The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable limitations period. The Parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the Parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Consumer Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The Parties agree that the arbitrator shall have sole authority to decide whether claims brought by either party (excluding claims brought under the following paragraph regarding intellectual property and preliminary equitable relief claims) are subject to this dispute resolution agreement. The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (FAA), the terms of which sections the Parties agree shall apply.

Other than the exceptions listed herein, the arbitrator will have the power to grant whatever relief would be available in court under law or in equity (including attorney’s fees) and any award of the arbitrator will be final and binding on each of the Parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator also does not have the power to vary the class action waiver provisions. The fees charged by the AAA and arbitrator shall be shared equally by the Parties. If, however, you are able to prove that the costs of arbitration will be significantly more prohibitive for you as compared to the costs of litigation, we will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. All arbitration proceedings will be confidential and all records relating thereto will be permanently sealed to the fullest extent possible under applicable law.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or us that an in-person hearing is appropriate. If your claim is for $10,000 or less, we agree that you may choose whether the final arbitration hearing will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing, or as otherwise mutually agreed by the parties. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

Either party may bring a claim related to intellectual property rights, seek temporary or preliminary specific performance or temporary or preliminary injunctive relief, or seek to bring an individual action in small claims court (provided such claim qualifies to be filed in small claims court), in any court of competent jurisdiction, without the posting of bond or other security). After an arbitration is filed, either you or Everly can send a written notice to the other party and the AAA that you or Everly want the case decided by a small claims court.

If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this section will remain valid and enforceable. Further, the waivers set forth in this section are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

All disputes arising from or relating to these Terms and all Disputes arising from or relating to the Services (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Texas regardless of where you access the Services or the Website, and notwithstanding any conflicts of law principles.

ANY PROCEEDINGS TO ARBITRATE, LITIGATE OR OTHERWISE RESOLVE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A COLLECTIVE OR CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY, AND EACH PARTY HEREBY WAIVES ANY RIGHT TO ASSERT CONSOLIDATED CLAIMS WITH RESPECT TO ANY DISPUTES SUBJECT TO ARBITRATION UNDER THESE TERMS AND CONDITIONS OR ANY DISPUTES BETWEEN THE PARTIES. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

ANY ACTION, CLAIM OR DISPUTE YOU HAVE AGAINST US MUST BE FILED WITHIN ONE (1) YEAR, UNLESS PROHIBITED BY APPLICABLE LAW. THE ONE-YEAR PERIOD BEGINS WHEN THE CLAIM OR NOTICE OF DISPUTE FIRST COULD BE FILED. IF A CLAIM OR DISPUTE IS NOT FILED WITHIN ONE YEAR, IT IS PERMANENTLY BARRED.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. If we make material changes that would impact your use of the Services, we will endeavor to notify you of the changes, such as by posting a notice directly on this website, by sending an email notification (if you have provided your email address to us), or by any other reasonable method. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check these Terms generally from time to time so you are aware of any changes, as they are binding on you. If you do not agree to the changed Terms, you should immediately terminate your use of the Services.

We may freely assign these Terms in connection with a merger, reorganization, acquisition, or sale of assets, or by operation of law or otherwise.

These Terms, in addition to the Patient Information Card included with your at-home lab test, constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of you or us, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any other terms (aside from any Additional Terms and Conditions duly entered into pursuant to these Terms), the terms of these Terms shall govern. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve, as closely as possible, the effect of the original term and all other provisions of these Terms will continue in full force and effect. The headings of sections and paragraphs in these Terms are for convenience only and shall not affect their interpretation.

The Terms, as may be amended from time to time, will remain in full force and effect as long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. We, with or without notice to you, at any time and for any reason, may terminate, suspend or modify: (i) any of the rights granted by these Terms; (ii) the permission granted to you to access and/or use the Services; and (iii) the Services. You may terminate the Terms at any time by discontinuing use of the Services. Your permission to use the Services automatically terminates if you violate these Terms. Everly shall not be liable to you if, for any reason, all or any part of the Services is unavailable. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination.

If you have any questions about the Services, please contact the Everly Member Support Team at 1-855-923-2678 (TTY: 711) (Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time, excluding holidays) or on the web at membersupport.everlywell.com.